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Del Mar Lawyer Discusses Spousal Support And Property Division In California
DEL MAR, CALIFORNIA - Celebrity and professional athletes have some of the highest publicized divorces. "High profile separations have set new standards and guidelines for prenuptial agreements worldwide," says Attorney John Griffith, of Griffith & Young, APC, a Del Mar law firm which specializes in family law. Some of the more prominent divorce cases involve professional athletes where anindiscretion has often resulted in a very messy and public divorce. Tabloids will exploit the properties and amount of support to be received by the spouse making "property division" a common household term. Property division and spousal support is determined, during divorce mediation. "Prenup agreements are not always bulletproof," Griffith explains. "A skillful and savvy divorce attorney can make any prenup vulnerable to attack." Automobiles, watercraft and homes that were acquired during the marriage are now up for distribution between the couple - no matter who paid for them. "California law states that any asset or debt which was acquired during the course of a marriage is considered Community Property," says Griffith. "These properties are divided equally between both spouses if the couple can't agree to terms on their own." A "Community Property" state, California will equally divide all marital property between the couple unless there is a valid prenuptial agreement in place. Everything is considered in the division of property if it was owned and acquired during the marriage, whether jointly or individually. "California has very specific laws regarding full disclosure," says Griffith. "At the point of filing for divorce, each party has 45 days to disclose 100 percent of all assets and debts. Required by law, there are very expensive and severe penalties for violation."
Griffith explains that this is referred to as a Preliminary Declaration of Disclosure. As part of the initial financial disclosures, all debts and assets are required to be on the table for negotiations. "One of the most crucial aspects of divorce is full financial disclosure," says Griffith. "Serious consequences and expensive penalties are in place if it is discovered that intentional failure to disclose assets or income is executed by the opposing party." Griffith gives an example of a woman who intentionally failed to disclose a winning lottery ticket valued at over one million dollars. Waiting until after her divorce was final the woman cashed in the winning ticket. As soon as her ex-husband discovered that the winning ticket was purchased during the course of their marriage, the lottery ticket was considered community property by the courts. A motion was filed and as a sanction against the wife, the ex-husband was awarded 100% of the lottery winnings. Community property includes assets located out of state. Vacation houses and international properties are no exceptions to distribution. "Prenuptial agreements are advisable to anyone with significant assets," says Griffith. "Property division can get messy when a couple has been married for several years." Since California is a community property state, Griffith states that prenuptial agreements are critical to maintaining ownership of separate property especially when payments on this separate property were made during the course of marriage. "Property classification can change throughout marriage," says the divorce lawyer. "The lines become easily blurred between separate property and community property over time." Property division can be one of the most antagonizing parts of divorce. Griffith recommends seeking advice from an attorney familiar with property division and divorce law.
Most law firms offer free consultations and military discounts for divorce case evaluations. About Griffith Law The divorce lawyers at Griffith & Young, APC have extensive litigation experience in all areas of family law practice and California divorce law. Based in San Diego, Griffith & Young, APC offers low flat fee services, a sliding hourly scale and military discounts.
Resource To learn more about the Del Mar spousal support lawyer, military divorce and divorce mediation, or to schedule your free initial consultation and case analysis, please call 858-345-1720.
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